Byarugaba v African Field Epidemiology Network (AFNET) (Miscellaneous Application No. 134 of 2017)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Industrial Court granted the applicant's application to amend the claim. The respondent did not file a reply to the formal application or submissions, and counsel had indicated no objection in open court. The court found no controverted evidence and concluded that the cause of action was maintained and no miscarriage of justice would result from allowing the amendment.
Outcome
Application granted; amended claim validated; respondent to file reply within 14 days of service
Facts
The applicant filed an application by letter dated 24 February 2017 seeking to amend a claim arising from Labour Dispute Claim 131 of 2016. The respondent's counsel initially objected by letter dated 1 March 2017 but requested that if the amendment was granted, it should be with costs and time allowed to respond. On 2 March 2017, counsel for the respondent indicated in open court that there was no objection to the amendment. The court ordered the applicant to file a formal application with time limits for replies and rejoinders. The applicant filed the formal application, but the respondent filed no reply or submissions in response.
Issues
- Whether the applicant should be granted leave to amend the claim filed in the Industrial Court.
Orders
- Application allowed.
- Amended claim filed on 28/2/2017 validated.
- Respondent to be served with the amended claim.
- Respondent to reply within 14 days of service.
- No order as to costs.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.